LEAD PAINT

Because of the dangers posed by lead paint, effective April 22, 2010 new requirements go into effect for most dwelling units and common areas in structures built before 1978.Certification Required. Under the EPA’s Lead Based Paint Renovation, Repair and Painting requirements, firms paid to
perform work which “disturbs” paint in pre-1978 residential
housing must be EPA certified and all
individuals performing the work must either be
certified renovators or must have been trained by a certified renovator.

Renovations. In addition, all renovations must be
performed according to EPA
lead-safe standards and practices. The law defines renovations very broadly to include most repairs,
remodeling, and maintenance activities, including window replacements.
Additionally, electrical, plumbing and carpentry work could also be
subject to the law.

Exceptions. There are some exemptions to the law’s requirements, including the
following:

Housing built in 1978 or later.

Housing for elderly or disabled persons, unless children under six
reside or are expected to reside there.

Zero bedroom dwellings (studio apartments, dormitories, etc.).

Housing or components declared to be lead-free by a certified
inspector or risk assessor.

Minor repair and maintenance activities that disturb 6 square feet
or less of paint per room inside, or 20 square feet or less on the
exterior of a home or building. However, minor repair and maintenance
activities do not include window replacement and projects involving
demolition or prohibited practices.

And where the firm doing the work obtains a signed statement from the owner that
all of the following
are met, then the training, certification and work practice requirements
of the rule do not apply:

The renovation will occur in the owner’s residence

No child under age 6 resides there;

No woman who is pregnant resides there;

The housing is not a child-occupied facility; and

The owner acknowledges that the renovation firm will not be required
to use the work practices contained in the EPA rule.

Penalties. It is important to note that there are severe penalties for
violations of this law, including fines of up to $32,000 per violation,
per day.